Arizona State Court Discovery Interrogatories

ARIZONA STATE COURT DISCOVERY INTERROGATORIES

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF [________________________________]

Case No.: [________________________________]

Assigned Judge: Hon. [________________________________]

PLAINTIFF'S FIRST SET OF NON-UNIFORM INTERROGATORIES TO DEFENDANT

ATTORNEY INFORMATION

TABLE OF CONTENTS

1. Introductory Statement and Authority
2. Discovery Tier Designation
3. Definitions
4. Instructions
5. General Interrogatories (Nos. 1-20)
6. Case-Specific Interrogatories
7. Verification / Oath
8. Certificate of Service
9. Practice Notes
10. Sources and References

I. INTRODUCTORY STATEMENT AND AUTHORITY

Plaintiff, [________________________________] ("Plaintiff"), by and through undersigned counsel, hereby propounds the following Non-Uniform Interrogatories upon Defendant, [________________________________] ("Defendant"), pursuant to Rule 33 of the Arizona Rules of Civil Procedure ("Ariz. R. Civ. P.").

Count and deadline control. Before service, confirm the assigned tier and any order changing the limit; count every discrete subpart and all earlier interrogatories from the same side. Unless the court orders otherwise for good cause, Rule 26(f)(1) bars a party from seeking discovery before serving its initial disclosure statement. Under Rule 33(b)(1), answers and objections are ordinarily due within 30 days after service, unless the parties agree or the court orders otherwise. Subject to Rule 26(f)(1) compliance by the serving party, a defendant may serve answers and objections within 60 days after service or waiver of the summons and complaint. Compute any added days for the service method under Rule 6(c). Record the service date and method [DETAILS] and calculated response date [DATE].

Interrogatory Limit. The number of non-uniform interrogatories permitted in this action is governed by the tiered discovery limits established in Ariz. R. Civ. P. 26.2(f). The applicable tier and corresponding interrogatory limit are set forth below. Each discrete subpart of an interrogatory counts as a separate interrogatory for purposes of the numerical limit, except that a uniform interrogatory and its subparts count as a single interrogatory. See Ariz. R. Civ. P. 33(a).

Supplementation. Rule 26(g)(1) requires supplementation or correction of a response that becomes materially incomplete or incorrect when the additional information has not otherwise been disclosed in discovery or in writing. Rule 26(g)(2) requires timely action, no later than 30 days after learning of the problem and reasonably before an imminent hearing or deposition. Apply those rules and any case-specific order.

II. DISCOVERY TIER DESIGNATION

Pursuant to Ariz. R. Civ. P. 26.2, this action falls within the following discovery tier (check one):

☐ Tier 1 — Damages claimed are $50,000 or less, absent a different tier assignment or applicable exception. Standard limit per side: 5 interrogatories, 5 requests for production, 10 requests for admission, 5 hours of fact depositions, and 120 days for discovery.

☐ Tier 2 — Damages claimed exceed $50,000 but are less than $300,000, or nonmonetary relief is claimed alone or with damages below $300,000, absent a different tier assignment or applicable exception. Standard limit per side: 10 interrogatories, 10 requests for production, 10 requests for admission, 15 hours of fact depositions, and 180 days for discovery.

☐ Tier 3 — Damages claimed are $300,000 or more, absent a different tier assignment or applicable exception. Standard limit per side: 20 interrogatories, 10 requests for production, 20 requests for admission, 30 hours of fact depositions, and 240 days for discovery.

Commercial court. Under Rule 8.1(e), a case in the commercial court is assigned to Tier 3 until that court assigns a different tier after its scheduling conference. Check for this exception before using the damages brackets above.

☐ Court order or stipulation modifying discovery limits. Describe: [________________________________]

Selection control. This form contains 20 sample interrogatories plus blanks. Delete and renumber questions before service to comply with the applicable per-side limit; count every discrete non-uniform subpart under Rule 33(a), including subparts in earlier interrogatories from this side, unless additional discovery has been authorized under Rule 26.2(g). The total number propounded by this side is [____].

III. DEFINITIONS

For purposes of these Interrogatories, the following terms shall have the meanings set forth below. Defined terms apply regardless of capitalization:

A. "Action" means the above-captioned lawsuit pending in the Superior Court of Arizona, County of [________________________________].

B. "Communication" means any oral, written, or electronic transmission of information, including but not limited to letters, memoranda, emails, text messages, instant messages, social media posts or messages, voicemails, telephone calls, video conferences, and face-to-face conversations.

C. "Concerning," "Relating to," or "Regarding" means directly or indirectly mentioning, referencing, describing, reflecting, evidencing, constituting, or in any way pertaining to the identified subject matter.

D. "Document" has the broadest meaning permitted under Ariz. R. Civ. P. 34(a) and includes all writings, drawings, graphs, charts, photographs, sound recordings, images, electronically stored information ("ESI"), and other data or data compilations stored in any medium from which information can be obtained.

E. "Identify" or "State the Identity of" means:

• (i) For a natural person: state full legal name, all known aliases, present or last-known residential address, telephone number, email address, current employer, job title, and relationship to any party in this Action;
• (ii) For a business entity: state the full legal name, form of organization (corporation, LLC, partnership, etc.), state of formation, principal place of business address, and the identity of the individual(s) most knowledgeable about the subject matter;
• (iii) For a document: state the title or description, date, author(s), recipient(s), type (e.g., email, letter, report), Bates number (if applicable), and present custodian or location.

F. "Incident" means the events, occurrences, transactions, or omissions giving rise to this litigation as described in the Complaint filed on [__/__/____].

G. "Person" means any natural person, corporation, limited liability company, partnership, joint venture, association, governmental entity, or any other legal or business entity.

H. "You," "Your," or "Defendant" means [DEFENDANT NAME].

IV. INSTRUCTIONS

1. Answering Under Oath. Each Interrogatory must be answered separately and fully in writing under oath, subject to any proper objection. An entity must furnish information available to it, and an authorized representative with knowledge obtained after reasonable inquiry must sign its answers under oath. Ariz. R. Civ. P. 33(b)(2)-(4).

2. Verification Required. The answering party must sign interrogatory answers under oath. If the answering party is an entity, an authorized representative with knowledge obtained after reasonable inquiry must sign under oath. Ariz. R. Civ. P. 33(b)(4).

3. Form of Answers. Each answer must reproduce the text of the corresponding Interrogatory immediately above it. Ariz. R. Civ. P. 33(b)(2).

4. Objections. All objections must be stated with specificity. Boilerplate or generalized objections are insufficient. If an Interrogatory is objectionable in part, Defendant must answer the non-objectionable portion and state the specific grounds for partial objection. See Ariz. R. Civ. P. 33(b)(3).

5. Privilege Claims. If responsive information is withheld as privileged or work product, promptly identify it in writing and describe its nature sufficiently to allow assessment of the claim without revealing protected information, subject to any stipulated or court-ordered alternative under Ariz. R. Civ. P. 26(b)(6)(A).

6. Option to Produce Business Records. Where the answer to an Interrogatory may be determined from business records, including ESI, and the burden of determining it is substantially the same for either party, Defendant may specify the records in sufficient detail for Plaintiff to locate them as readily as Defendant could and afford Plaintiff a reasonable opportunity to examine, audit, and copy them. Ariz. R. Civ. P. 33(d).

7. Rules of Construction. The singular includes the plural and vice versa. The masculine, feminine, and neuter genders include each other. The connectives "and" and "or" shall be construed either disjunctively or conjunctively as necessary to bring within the scope of the Interrogatory all responsive information. "Including" means "including but not limited to."

8. Time Period. Unless otherwise specified, each Interrogatory covers the period from [__/__/____] through the date of Defendant's response.

9. Discovery Disputes. A motion to compel under Ariz. R. Civ. P. 37(a)(1) must include a good-faith consultation certificate complying with Rule 7.1(h). For a dispute that could be addressed under Rule 26(c) or Rule 37(a), Rule 26(d) ordinarily requires a joint statement of the discovery dispute and a Rule 7.1(h) consultation certificate, unless the court permits full briefing. Check the court's procedure before filing.

V. GENERAL INTERROGATORIES

INTERROGATORY NO. 1: Identification of Responding Party

State Your full legal name, all other names or aliases used during the past ten (10) years, date of birth, current residential address, current business address, all telephone numbers, and all email addresses used during the past five (5) years.

INTERROGATORY NO. 2: Persons Assisting in Preparation

Identify every Person who assisted, in whole or in part, in preparing the answers to these Interrogatories, and for each such Person, describe the subject matter of his or her assistance.

INTERROGATORY NO. 3: Fact Witnesses

Identify every Person whom You believe has knowledge of any fact relevant to any claim or defense in this Action, and for each such Person, describe the subject matter of his or her knowledge.

INTERROGATORY NO. 4: Factual Basis of Defenses

State the complete factual basis for each affirmative defense asserted in Your Answer, identifying all Documents and witnesses that support each stated fact.

INTERROGATORY NO. 5: Factual Basis of Denials

For each material allegation in the Complaint that You denied in Your Answer, state the factual and legal basis for Your denial, and identify all Documents and witnesses supporting Your position.

INTERROGATORY NO. 6: Description of Incident

Describe in detail Your version of the Incident, including the date, time, location, sequence of events, all Persons present, all actions taken, and all conditions or circumstances You believe are relevant.

INTERROGATORY NO. 7: Statements and Recordings

Identify all statements (oral, written, or recorded) obtained by You or on Your behalf from any Person concerning the Incident or any issue in this Action, and for each, state: (a) the date of the statement; (b) the identity of the Person who made it; (c) the identity of the Person who took or recorded it; (d) the substance of the statement; and (e) the present custodian and location of any recording or transcription.

INTERROGATORY NO. 8: Insurance Coverage

Identify any insurance policy, excess or umbrella policy, or self-insured retention arrangement that may cover a judgment or settlement in this Action. For each, state: (a) the insurer's name and address; (b) the policy number; (c) the type of coverage; (d) the effective dates; (e) the limits of liability; (f) any applicable deductibles or self-insured retentions; and (g) any reservation-of-rights position taken by the insurer.

INTERROGATORY NO. 9: Expert Witnesses

Identify each expert witness You expect to call at trial, and for each, provide: (a) full name, address, and professional qualifications; (b) the subject matter on which the expert is expected to testify; (c) the substance of the facts and opinions to which the expert is expected to testify; (d) a summary of the grounds for each opinion; and (e) compensation arrangements.

INTERROGATORY NO. 10: Prior Litigation

Identify every lawsuit, claim, arbitration, or administrative proceeding within the last ten (10) years in which You have been a party involving claims or facts similar to those alleged in this Action. For each, state: (a) the case caption; (b) the court or agency; (c) the docket or case number; (d) the nature of the claims; and (e) the disposition or current status.

INTERROGATORY NO. 11: Damages Claimed

If You assert any counterclaim or seek damages of any kind, itemize and describe each category of damages claimed, including: (a) the amount claimed in each category; (b) the method of calculation; and (c) the identity of all Documents and witnesses supporting each category.

INTERROGATORY NO. 12: Mitigation of Damages

If You contend that Plaintiff failed to mitigate damages, state all facts supporting that contention, identify all Documents and witnesses supporting Your position, and explain the specific steps You contend Plaintiff should have taken.

INTERROGATORY NO. 13: Third-Party Fault

If You contend that any Person other than Yourself caused or contributed to the damages alleged by Plaintiff, identify each such Person and describe the factual and legal basis for that contention, including the percentage of fault You attribute to each.

INTERROGATORY NO. 14: Communications with Plaintiff

Identify all Communications between You and Plaintiff (or Plaintiff's agents or representatives) Concerning the subject matter of this Action, and for each Communication, state: (a) the date; (b) the participants; (c) the medium (e.g., email, phone, in-person); and (d) the substance of the Communication.

INTERROGATORY NO. 15: Document Preservation

Describe all efforts undertaken by You to identify, preserve, and collect Documents and ESI relevant to this Action, including: (a) the date any litigation hold was issued; (b) the Person(s) responsible for overseeing preservation; (c) the scope of the hold; (d) the categories of data sources preserved; and (e) whether any potentially responsive information has been lost, destroyed, or deleted, and if so, the circumstances.

INTERROGATORY NO. 16: Investigations

Identify all investigations conducted by You or on Your behalf concerning the Incident or any claim or defense in this Action, and for each, state: (a) the investigator's identity; (b) the dates of investigation; (c) the scope of the investigation; and (d) the conclusions or findings (to the extent not privileged).

INTERROGATORY NO. 17: Photographs and Media

Identify all photographs, videos, audio recordings, surveillance footage, or other media recordings relating to the Incident, any party, or any issue in this Action. For each, state: (a) the date created; (b) the creator or source; (c) the subject matter; and (d) the present custodian or location.

INTERROGATORY NO. 18: Remedial Measures

Describe any repairs, modifications, changes in policy or procedure, or other remedial measures taken by You after the Incident that relate to any issue in this Action. For each, identify: (a) the date performed; (b) the nature of the measure; (c) the Person(s) who authorized or performed it; and (d) all Documents relating to the measure.

INTERROGATORY NO. 19: Safety Policies and Procedures

Describe all safety policies, procedures, protocols, training programs, or compliance manuals that were in effect at the time of the Incident and that are relevant to any claim or defense in this Action. Identify all Documents embodying such policies, the date each was adopted, and any amendments made within two (2) years before or after the Incident.

INTERROGATORY NO. 20: Basis for Liability Denial

If You deny liability in whole or in part, state the precise legal and factual bases for such denial, identify all Documents and witnesses supporting Your position, and specify each legal theory upon which You rely.

VI. CASE-SPECIFIC INTERROGATORIES

The following blank interrogatories are provided for attorney customization. Ensure the total number of interrogatories, including all discrete subparts, does not exceed the applicable tiered limit under Ariz. R. Civ. P. 26.2(f).

INTERROGATORY NO. [____]:

[________________________________]

INTERROGATORY NO. [____]:

[________________________________]

INTERROGATORY NO. [____]:

[________________________________]

INTERROGATORY NO. [____]:

[________________________________]

INTERROGATORY NO. [____]:

[________________________________]

VII. VERIFICATION / OATH

Instructions to Responding Party: Rule 33(b)(4) requires the party answering interrogatories to sign the answers under oath. For an entity, the signer must be an authorized representative with knowledge of the information obtained after reasonable inquiry. Attach a compliant oath and signature to the answers when they are prepared.

Response-verification control

The propounding paper does not prescribe a verification method. Before answers are served, enter the current rule or order, authorized signer, oath or declaration text, and any jurat requirement: [DETAILS]. Delete unused oath, declaration, and notary options.

VIII. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served the foregoing Plaintiff's First Set of Non-Uniform Interrogatories to Defendant upon the recipients listed below via the method(s) indicated, in accordance with Ariz. R. Civ. P. 5:

Method of Service:

☐ Transmission through an electronic filing service provider approved by the Administrative Office of the Courts to an attorney of record

☐ Email (with the recipient's written consent or under a court order)

☐ First-Class United States Mail, postage prepaid

☐ Hand Delivery

☐ Certified Mail, Return Receipt Requested

☐ Other: [________________________________]

Served Upon:

Signature: [________________________________]

[________________________________]
Attorney for Plaintiff
[________________________________] (Firm)
[________________________________] (Address)
[________________________________] (City, State, ZIP)
[________________________________] (Telephone)
[________________________________] (Email)
State Bar No. [________________________________]

IX. PRACTICE NOTES

1. Tier Verification. Confirm the applicable discovery tier under Ariz. R. Civ. P. 26.2 before serving interrogatories. Rule 26.2(c) assigns a tier by stipulation or motion, court placement, or the relief claimed, subject to the rule's exceptions. Check any order changing the tier and discovery limits.

2. Uniform vs. Non-Uniform Interrogatories. Rule 84, Forms 4, 5, and 6 contain uniform interrogatories. A uniform interrogatory and its subparts count as one interrogatory; each discrete non-uniform interrogatory subpart counts separately. Ariz. R. Civ. P. 33(a)(2), (4).

3. County-Specific E-Filing. Confirm the filing and electronic-service requirements for the assigned county and recipient before service.

4. Modification of Limits. Under Ariz. R. Civ. P. 26.2(g), a party seeking discovery beyond a tier limit must file either a motion explaining why it is necessary and proportional under Rule 26(b)(1), attaching the proposed discovery and a Rule 7.1(h) consultation certificate, or a stipulation that the additional discovery is necessary and proportional. File before standard discovery closes and before serving a request that reaches or exceeds the limit. A compliant filed stipulation authorizes the agreed additional discovery unless the court disapproves it.

5. Response Deadline Calculation. Compute the response deadline under Ariz. R. Civ. P. 6(a). If service is by mail (or by another method under Rule 5(c)(2)(D) or (E)), add the applicable 5 calendar days under Rule 6(c). Calendar the deadline immediately upon service.

6. Motion to Compel. If Defendant fails to respond or provides evasive or incomplete answers, seek relief under Ariz. R. Civ. P. 26(d) and 37(a), with the consultation certificate required by Rule 7.1(h). Rule 26(d) ordinarily calls for a joint statement of the dispute unless the court permits full briefing.

7. Sanctions. Failure to serve interrogatory answers or objections after proper service may support sanctions under Ariz. R. Civ. P. 37(f), including the remedies listed in Rule 37(b)(2)(A) and reasonable expenses where the rule permits them. A motion for sanctions for failing to answer must attach a Rule 7.1(h) consultation certificate. Different grounds and safeguards apply to other discovery failures.

8. Coordinating Discovery. Consider serving interrogatories in conjunction with requests for production (Rule 34) and requests for admission (Rule 36) to maximize discovery efficiency within the tier limits.

9. Proportionality. Discovery must be proportional to the needs of the case under Ariz. R. Civ. P. 26(b)(1)(A). Consider the importance of the issues at stake, the amount in controversy, the parties' relative access to relevant information, and the burden and expense of the proposed discovery.

X. SOURCES AND REFERENCES

• Arizona Rules of Civil Procedure, Rules 5, 6, 26, 26.2, 33, 34, 36, 37, and 84 (Forms 4–6)